Telephone Regulations and Inmate Financial Responsibility

DEPARTMENT OF JUSTICE

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP-1049-I]

RIN 1120-AA39

Telephone Regulations and Inmate Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim Rule With Request for Comments, and Withdrawal of

Effective Date-Delayed Provisions.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) is

withdrawing the provisions in its regulations relating to limitations

on telephone privileges for inmates who have refused participation in

the inmate financial responsibility program, (IFRP) which were to

become effective January 4, 1996. In addition, the Bureau is increasing

to $75.00 the amount of money to be excluded from assessment in an

inmate's financial responsibility plan. These actions are made pursuant

to the terms of a settlement approved by the District Court in a

nationwide federal prisoner class action, Washington v. Reno, Nos. 93-

217, 93-290 (E.D.KY.).

DATES: The withdrawal of 28 CFR 540.105(c) and 545.11(d)(10), and the

amendment to 28 CFR 540.100(a) is effective January 2, 1996; the

amendment to 28 CFR 545.11(b) introductory text is effective January 3,

1996. Comments on 28 CFR 545.11(b) are due on March 4, 1996.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,

320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General

Counsel, Bureau of Prisons, telephone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons (Bureau) is

withdrawing certain provisions in its rules on telephone regulations

and on the inmate financial responsibility program (IFRP) which were

published in the Federal Register on April 4, 1994 (59 FR 15812).

In the April 4, 1994, revision of its rules on telephone

regulations and on the IFRP, the Bureau delayed the effective date for

provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed

limitations on the telephone privileges of inmates refusing to

participate in the IFRP. These provisions were to become effective

January 3, 1995. Due to ongoing litigation in Washington v. Reno, the

effective date for these provisions was further delayed until January

4, 1996 (60 FR 240). In accordance with the Court-approved settlement

in Washington v. Reno, the Bureau is withdrawing these provisions and

the reference to the IFRP telephone restrictions contained in 28 CFR

540.100(a), and is publishing elsewhere in today's Federal Register a

new proposed rule to impose a different restriction on the telephone

privileges of inmates who refuse to participate in the IFRP.

In accordance with the settlement in Washington v. Reno, the Bureau

is also amending, on an interim basis with request for comments, the

provision in 28 CFR 545.11(b) which relates to the exclusion of certain

funds from an inmate's financial responsibility plan. Under this

provision, unit team staff currently exclude $50.00 per month from

assessment in developing the inmate's payment plan in the IFRP. This

provision is revised to raise the exclusion to $75.00 per month, per

the terms of the settlement in Washington v. Reno and, for

clarification purposes, the third and fourth sentences of this

paragraph are being combined into one sentence.

Because the revisions to 28 CFR 545.11(b) are made pursuant to the

court-approved settlement in Washington v. Reno, the Bureau is issuing

the revisions as an interim rule pursuant to the ``good cause''

exemption of 5 U.S.C. 553(d)(3). Interested persons may participate in

this rulemaking by submitting data, views, or arguments in writing to

the Bureau of Prisons, 320 First Street, NW., HOLC Room 754,

Washington, DC 20534. Comments received on the interim rule provisions

during the comment period will be considered before final action is

taken. All comments received remain on file for public inspection at

the above address.

The Bureau of Prisons has determined that this rule is not a

significant regulatory action for the purpose of E.O. 12866, and

accordingly this rule has not been reviewed by the Office of Management

and Budget pursuant to E.O. 12866. After review of the law and

regulations, the Director, Bureau of Prisons has certified that this

rule, for the purpose of the Regulatory Flexibility Act (Pub. L. 96-

354), does not have a significant impact on a substantial number of

small entities.

List of Subjects in 28 CFR Parts 540 and 545

Prisoners.

Kathleen M. Hawk,

Director, Bureau of Prisons.

Accordingly, pursuant to the rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and delegated to the Director,

Bureau of Prisons in 28 CFR 0.96(p), parts 540 and 545 in subchapter C

of 28 CFR, chapter V are amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 540--CONTACT WITH PERSONS IN THE COMMUNITY

1. The authority citation for 28 CFR part 540 continues to read as

follows:

Authority: 5 U.S.C. 301, 551, 552a; 18 U.S.C. 1791, 3013, 3571,

3572, 3621, 3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in

part as to offenses committed on or after November 1, 1987), 5006-

5024 (Repealed October 12, 1984 as to offenses committed after that

date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.

2. In Sec. 540.100, paragraph (a) is amended by revising the fifth

sentence to read as follows:

Sec. 540.100 Purpose and scope.

* * * * *

(a) * * * In addition to the procedures set forth in this subpart,

inmate telephone use is subject to those limitations which the Warden

determines are necessary to ensure the security or good order,

including discipline, of the institution or to protect the public. * *

*

Sec. 540.105 [Amended]

3. In Sec. 540.105, paragraph (c), which was previously to become

effective January 4, 1996, (59 FR 15824, 60 FR 240) is removed and

reserved.

PART 545--WORK AND COMPENSATION

4. The authority citation for 28 CFR part 545 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622,

3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1, 1987), 4126, 5006-5024 (Repealed

October 12, 1984 as to offenses committed after that date), 5039; 28

U.S.C. 509, 510; 28 CFR 0.95-0.99.

[[Page 91]]

5. In Sec. 545.11, the introductory text of paragraph (b) is

amended by revising the dollar amount ``$50.00'' in the fifth sentence

to read ``$75.00''; by removing the third and fourth sentences; by

adding a new third sentence to read as follows; and in addition,

paragraph (d)(10), which was to become effective January 4, 1996, (59

FR 15825, 60 FR 240) is removed and reserved.

Sec. 545.11 Procedures.

* * * * *

(b) Payment. * * * In developing an inmate's financial plan, the

unit team shall exclude from its assessment $75.00 a month deposited

into the inmate's trust fund account after subtracting from the trust

fund account the inmate's IFRP minimum payment schedule for UNICOR or

non-UNICOR work assignments, set forth below in paragraph (b)(1) and

(b)(2) of this section.

* * * * *

[FR Doc. 95-31497 Filed 12-29-95; 8:45 am]

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